Update: Proposed Rulemaking Due Dates Pushed Out Again for Civil Money Penalty Provisions for MSP Reporting and for a Rule Addressing Satisfying MSP Obligations

Mandatory Insurer Reporting, Medicare, MSP News on November 20, 2019
Posted by Jean S. Goldstein, JD, CMSP

As we continue to monitor for guidance from CMS regarding Medicare Secondary Payer (MSP) compliance as related to workers’ compensation, liability and no-fault insurance claims, CMS has once again made two significant updates.  You may recall in December, 2018, we reported of two advanced notices of proposed rulemaking which were added to the Unified Agenda of Federal Regulatory and Deregulatory actions.  The first notice involving MSP reporting would address obsolete regulations and propose criteria and practices for which civil money penalties would and would not be imposed under the SMART Act.  The second notice involved a rule to address satisfying MSP obligations.   Since these notices were issued, industry stakeholders have been excitingly awaiting these proposed rules to determine the impact on claims.  However, once again, the due dates for the rules have been extended. 

With respect to the proposed rule regarding civil money penalties for MSP reporting requirements, the due date has been extended to next month, December, 2019.  The due date for the proposed rule for satisfying MSP obligations has been moved to February, 2020.

We will be sure to update our readers on any progress on either of the proposed rules.